How to File a Veterans Disability Case
Many veterans who join the military with medical issues that they don’t seek out or treat. They believe that the issue will go away after a time or improve.
But years pass and those problems get worse. They now require assistance from the VA to get compensation. The problem is that the VA will not believe them.
Getting Started
Many veterans Disability Law firms wait for a long time before filing a claim. Many veterans wait for years before making a claim for disability. It is important to file a claim as soon as the symptoms of disability become severe enough. Let the VA know that you intend to make a claim at later dates by submitting an intention to file. This will enable you to establish an earlier effective date and will make it easier for you to get your back pay.
When you file the initial claim, you need to include all relevant evidence. This includes any medical clinics in the civilian sector and hospital records pertaining to the illness or injuries you are planning to file a claim for, as well as any military documents related to your service.
The VA will review your claim and collect additional evidence from both you and your healthcare providers. Once they have the information they need, they will schedule you for a compensation and pension exam (C&P) to determine your rating.
This is best done in conjunction with the separation physical to ensure that your disability is documented as service-connected, even if it’s not%. This will make it easier to file for an increase in rating later on should your condition get worse.
Documentation
In order to obtain the benefits you are entitled to, it’s essential to provide your VA disability lawyer with all the relevant documentation. This could include your service records, medical documentation and even lay evidence, such as letters from family members, friends members, or coworkers who understand how your disabilities affect you.
Your VSO can assist you with gathering the required documentation. This may include medical records from the VA hospital and private physician’s records diagnostic tests, and other evidence to prove that you suffer from a debilitating condition and that it was caused by or made worse by your time in the Armed Forces.
The next step is for VA to evaluate the evidence and determine your disability rating. This is done using the schedule created by Congress that specifies which disabilities are eligible for compensation and at what percentage.
If VA finds that you suffer from a qualifying disability, they will inform you of their decision in writing, and then send the relevant documents to Social Security for processing. If they find that you don’t have a qualifying disability and the VSO will return the document to you, and they will allow you to appeal the decision within a specified time.
A VA lawyer in Kalamazoo can assist you in gathering the evidence needed to support your claim. Our veterans disability law firm advocate can obtain medical documentation and opinions from independent medical examiners as well as a letter from the VA treating doctor regarding your condition.
Meeting with a VSO
A VSO can assist with a range of programs, beyond disability compensation. They can help with vocational rehabilitation, employment, home loans and group life insurance. They can also assist with medical benefits and burial benefits. They will look over all of your records from service, and medical records to find out which federal programs you’re qualified for and will complete the required paperwork for you to apply.
Many accredited representatives work for VA-accredited/federally chartered veterans service organizations (VSOs), which are private non-profit groups that advocate on behalf of veterans disability attorneys, Servicemembers, and their families. They are authorized to represent any Veteran or a dependent who has the claim of any federal benefit.
When the VA receives all of your evidence they will review the evidence, and then assign the rating of disability based on your severity of symptoms. After you have been given a decision by the federal VA, a VSO will be able to discuss with you your rating and any additional state benefits you may be entitled to.
The VSO can help you request an appointment with the VA in the event you disagree with a decision by the federal VA. Under the Appeals Modernization Act, there are three “lanes” available for an appeal such as a supplemental appeal, an additional level review or a notice of disagreement to the Board of Veterans Appeals. A VSO can help you decide which appeal or review options are appropriate for your situation.
Appeals
The VA appeals process is lengthy and complicated. It could take up to a one year or more to get a decision, based on the AMA option you select and if your case qualifies for priority processing. A veteran disability lawyer can assist you in determining the best course of action and file a formal appeal on your behalf, if required.
There are three options to appeal a Veterans Benefits denial However, each requires different amount of time. A lawyer can assist you in deciding which one is right for your case and can explain the VA disability appeals process to help you understand what to expect.
If you want to skip the DRO review in order to directly go to BVA the Board, you must fill out Form 9 and wait for the regional office to forward the file to the Board. The BVA will then issue a Statement of the Case (SOC). You can request a private hearing before the BVA however, it is not required.
A supplemental claim provides an opportunity to provide new and relevant evidence to the VA. This can include medical evidence however, it can also include non-medical proof such as lay statements. An attorney can make these statements on your behalf and also request independent medical exams and a vocational expert opinion. If the BVA rejects your supplemental claim you can appeal to the Court of Appeals for Veterans Claims.